assumed responsibility to "shepherd this [U.S.-Ukrainian] relationship together as best we could."[1] The delegation assumed this responsibility at a time when the U.S. government lacked an experienced chief of mission in Kyiv.
Importantly, cutting against the idea of a "shadow" channel, each of these three men had an official role with respect to U.S. policy toward Ukraine.[2] Ambassador Volker described his role as the Special Representative for Ukraine Negotiations as "supporting democracy and reform in Ukraine, helping Ukraine better defend itself and deter Russian aggression, and leading U.S. negotiating efforts to end the war and restore Ukraine's territorial integrity."[3] As Ambassador to the European Union, Ambassador Sondland said that Ukraine issues were "central" to his responsibilities.[4] In addition, the Department of Energy, led by Secretary Perry, has significant equities in energy policies in Ukraine.[5]
In the absence of a seasoned chief of mission in Kyiv—before Ambassador Taylor's arrival—these three individuals assumed responsibility following President Zelensky's inauguration for shepherding U.S. engagement with President Zelensky's government. That each individual had an official interest in U.S. policy toward Ukraine undercuts the notion that they engaged in "shadow" diplomacy for illegitimate purposes.
5. Referencing Ukrainian corruption, President Trump told Ambassador Volker, Ambassador Sondland, and Secretary Perry to talk to Mayor Giuliani.
Evidence suggests that Mayor Giuliani's negative assessment of President Zelensky may have reinforced President Trump's existing skepticism about Ukraine and its history of corruption. In May 2019, Mayor Giuliani said that President-elect Zelensky was "surrounded by enemies" of President Trump.[6] When the U.S. delegation to President Zelensky's inauguration later tried to assure President Trump that President Zelensky was different, the President referenced Mayor Giuliani as someone knowledgeable about Ukrainian corruption and told the men to talk to Mayor Giuliani.[7] Testimony differs, however, on whether the President's reference to Mayor Giuliani was a direction or an aside. Either way, because President Trump— constitutionally, the nation's "sole organ of foreign affairs"[8]—raised Mayor Giuliani as
- ↑ Id. at 67.
- ↑ See Impeachment Inquiry: Dr. Fiona Hill and Mr. David Holmes, supra note 210.
- ↑ Volker transcribed interview, supra note 60, at 13.
- ↑ Sondland deposition, supra note 51, at 20. During her deposition, Dr. Hill testified that Ambassador Sondland told her that President Trump had "given him broad authority on all things related to Europe, that he was the President's point man on Europe." Hill deposition, supra note 12, at 60. Dr. Hill later acknowledged it that Ambassador Sondland could have been exaggerating, explaining that she often saw Ambassador Sondland coming out of West Wing saying he was seeing the President but she learned later that he was really seeing other staff. Id. at 204.
- ↑ James Osborne, What Rick Perry was doing in Ukraine, Houston Chronicle, Oct. 16, 2019.
- ↑ See Charles Creitz, Giuliani cancels Ukraine trip, says he'd be 'walking into a group of people that are enemies of the US,' Fox News, May 11, 2019.
- ↑ Sondland deposition, supra note 51, at 25. According to public reports, Mayor Giuliani has over a decade of experience working in Ukraine. See, e.g., Rosalind S. Helderman et al., Impeachment Inquiry Puts New Focus on Giuliani's Work for Prominent Figures in Ukraine, Wash. Post, Oct. 2, 2019.
- ↑ Curtiss-Wright Export Corp., 299 U.S. at 320.
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